In accepting Fisackerly’s plea agreement, Judge Andrew Howorth sentenced him to five-years probation and ordered him to pay court costs and $10,000 in restitution. The other 19 counts of embezzlement and fraud leveled against Fisackerly were retired to the files.
“On Count 2 of the Chickasaw County indictment did you on or about May 31, 2007 embezzle from the property of Penick Produce Co., $8,800 that you converted to your own use?” Judge Howorth asked Fisackerly. “Are you guilty of that?”
“Yes, sir,” Fisackerly responded.
Fisackerly also plead guilty to a charge of embezzling $551,831.55 from Penick Produce with these charges filed in Calhoun County.
Fisackerly plead guilty to the second count under Alford vs. North Carolina, which allows a judge to accept a guilty plea from a defendant who is still protesting his innocence.
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